National Republican., 1887-12-27

EbIIQlt.--sesAFIONAL REPUBLICAN: II re-
cltsss of Mr. Lamar's connection with the Mis-.
sissippi plan TO which he must be conscious
that he owes his senatorial honors, oilends the
too forgiving Republican Mugwump or smack'
too much of the bloody shirt for "the northern
man with southern principles" let US see If
there are not other reasons why Mr.. Lamar
should not be Justice on the Supreme bench
which are worthy OF consideration.
The public knew but little OF Mr.. Lamar $
history before he appeared In the confederate
congress, 1t seems that he was a professor in
| college for some years, and then became a
little opportunity for active practice. But 1t is
| well known that his study OF law and his po
| litical training must 1have led him to adopt
sumptlons Of the states against federalism, for
| we find him hand aud glove with Jefferson
Davis in his advocacy. of secession. Mr.. La
mars mind, philosophical aud contemplatlye
| in its nature, must, when he was law stu
| dent or .practicing lawyer, have been impressed
by the fact that the Judicial opinions OF the
Supreme Court show clearly that the members
upon constitutional questions which
after nearly half century OF threatening
BY the arbitrament Of the war; And he must
| have been impressed, too, with the fact tina.
the majority. making the opinion of the courI
announced and held to interpretations OF the
which alone the Union could exist, and in the
| line OF which we are bulldog government
based upon the sovereignty of the nation
with q Just recognition of the right of TIA,
states. lie must have been further Impressed
with the fact that the minority of the court
oiien i'll its tcHchings, lDsiered the ns.iinp
tions Of statesmen which rlpened into tue
| juoical and political doctiines in which be-
| found, IL he was sincere. his qualification
for his adherence TO the coufedcracy
Mr.. Lamar was more than 10 years old whel
he was trusted counselor OF Jefferson Davis.
| II the political opinions which then had ia
| sanction OF his ripe years and mature judg
meut went hand In hand with his thoughi
and learning as a lawyer his life, acts, ala
purposes, in the logic of things, commits his,
to full sympathy with the political and ju.
dicial sponsors OF the rebellion. IL seem
that, like Talleyrand, his opinions may b.
changed TO suit his new masters. He was tB ?
trusted friend aud counselor of Davis in hi
effort TO destroy tho uniou Now, being "thg
most beloved apostle" OF Mr.. Cleyeland's pc
liticnl family, he Is TO be rewarded by pac
on the bench. Is the President Of the OpiniOi.
that M Lamar, now IN his philosophical an &
contemplative days, will yield or has given ~
mCnt which made him 2ealouSly lndorse th
political and judicial doctrines taught by th
authors of the Dfcd Scott decision?
II Is well Known to any one who is familiar
with the judicial history OF the federal court
that, beginning with the case of Hunter v,
MaItih-a case In which the Virginia supreme
count denied that the appellate power of tn
federal supreme Court extended 10 the Vir
ginia courts-there are series OF cases reported
that involved constitutional questions which
were maintained In favor OF the federal power
by the court against the views of dissenting
judges who from time to time, announced
opinions that made up the woof and warp OF
the great issues which were finally decided on
the battlefelds In which the rebel generals ap
pointed by Mr., Cleveland led the defeated
armies.
We think careful review of the judIcia
opnions IN Which sSeh VIA 9mesPbns as
ofallowiDg the Supreme Court bench to be
consigned TO the dominancy of men trained
in the Calhoun school. The thirteenth, four
teenlh and fifteenth amendments 10 the COu
stituttOn were denounced and opposed by the
Democrats north and southsin every way, ant
they became laws or obtained the sanction of
tho southern legislatures only because they
were at the time controlled by Republicans.
Their authors intended to embody in them
that common thought OF the loyal people ol
the Union, that oil men are born free and
equal, which animated and made victorious
their armies; they intended 70 bind up, like
harvett sheaves. the results Of their victories.
In this language they are declaratory Of the
prohibitoTy in their effect in the action on the
states, but history shows that what they in
tened 10 declare and protect as well as what
they intended TO restrain is not so clearly set
forth as to dispense with frequent judicial CON
sideration, Contemporary history shows too of
how little value those declarations as they af-
feet the rights of millions ofpeople are unless
they are enforced by proper legislation, and Il
Is apparent that the prohibitions on the states
oitep, and In many cases Will have only, the
force OF political formula until life Is given ~
them by judicial action.
Many people Of the United statss-soma OF
the north, more of the sOlth-in their hostility
to the results of the war, 'ieiine away by IN.
geniOus verbal criticism the substance aud
spirit oithe amendments, rs Mr.. Justice IIar.
Ian said In the civil rights cases, In which the
liberty and equal rights and munlments oi
citizenship of millions of people In this coun
try are defined and guaranteed. Mr.. LlmlF
belongs to the many no grudgingly, II at all,
concede that the amendments made auy
change In the organism Of our government he
yond merely comforting citizenship on tn
colored man. However much he may have
impressed Mr.. Cleveland with his great fitness
for the supreme bench, or however much the
President may desire 10 make the great trust
gift 10 his personal friend. II cannot be- that
senators who are sincere in their purpose o.
vindcating the results of the war, and forbid.
ding the refining away by ingenious verbal
criticism of the substance Of the common law
Tightswhich were emphasized in the COnstttu
iionHl amendments, can allow hlr. Lamar's
appointment TO so unchallenged In the
senate. Y,
en- "A.